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Full-Text Articles in Law
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Damage As Requisite To Rescission For Misrepresentation, Glenn A. Mccleary
Michigan Law Review
The decadence of equity during the nineteenth century has long been an accepted phenomenon. The attempt to make law coincide with morals in the seventeenth and eighteenth centuries was followed in the nineteenth century by the gradual fixing of rules and a consequent stiffening of the legal systems, in which moral principles became lost in a mass of rules derived from such principles. What were once equitable doctrines tended to become mechanical rules. The former strength of equity has been weakened in the various jurisdictions, due in a large measure to the administration of law and equity by the same …
The Vicarious Liability Of Charitable Corporations
The Vicarious Liability Of Charitable Corporations
Indiana Law Journal
Recent Case Notes
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Torts - Are Firemen And Policemen Licensees Or Invitees?, Michigan Law Review
Michigan Law Review
The status of the fireman or policeman who enters on the land of another in the performance of duty, under a right conferred by the law, has quite generally been held to be that of a licensee, to whom the landowner owes no greater duty than to refrain from wilful, wanton misconduct. This places such visitors in the second group of the usual classification, which designates persons present on the land of another as trespassers, licensees (bare licensees, gratuitous licensees, social guests), and invitees (business visitors) . A recent case so holding is Aldworth v. F. W. Woolworth Co., …
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Damages - Personal Injury - Negligent Aggravation By Injured Person, Michigan Law Review
Michigan Law Review
As a direct result of the defendant's negligence, "plaintiff fell and sustained injuries including a fracture of the pubic bone. Ten months later, knowing that she could not walk unassisted because the bone had not knit, plaintiff attempted to do so, fell and refractured the bone. Held, that plaintiff's negligence, found as a matter of law, was an "efficient intervening cause" making the defendant's negligence remote as to the aggravation of the injury. S.S. Kresge Co. v. Kenney, (App. D. C. 1936) 86 F. (2d) 651.
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Wills - Probate - Deletion Of Libelous Matter, Michigan Law Review
Michigan Law Review
In propounding the will of the testator for probate, the executor petitioned the surrogate court to exclude from probate certain non-dispositive matter therein, which if published during the testator's lifetime, would have supported an action for libel. Held, that the court had power to exclude the objectionable matter from probate, since it was not properly a part of the will. In re Draske's Will, 290 N. Y. S. 581 (Surr. Ct. 1936).
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Admiralty - Right Of Seamen To Indemnity - Duty Of Shipowner To Warn And Instruct Inexperienced Seamen, James H. Roberton
Michigan Law Review
In the recent case of The State of Maryland, the United States Circuit Court of Appeals of the Fourth Circuit held that a seaman could recover indemnity against a vessel in an in rem proceeding in admiralty, for burns received when oil-burning equipment of the vessel exploded. The explosion occurred while the libellant was attempting to light the oil burner in the pit furnace beneath the boilers without having first opened the lower draft. It was a part of the libellant's duties to light the oil burner. He was inexperienced, and no one had instructed him as to the …